The music industry has landed another blow in a recent string of copyright cases against Peer-2-Peer networking giants. U.S. District Court Judge Kimba Wood for the Southern District of New York has ruled, on summary judgment mind you, that Limewire, one of the oldest file-sharing networks on the internet, is guilty of inducement of copyright infringement and engaging in unfair competition.The theory of copyright inducement was first officially proffered by the Supreme Court in the landmark case of MGM v. Grokster, 545 U.S. 913 (2005), when one "engages in culpable expession or conduct" that would encourage another to commit infringement.
Similar to Grokster, surveys indicated that nearly 98.8% of the material downloaded through LimeWire are copyrighted materials, therefore making them unauthorized for distribution through LimeWire's network.
The RIAA has already reacted to the news in releasing the following comment: "This definitive ruling is an extraordinary victory for the entire creative community," said Mitch Bainwol, the organization's chairman and CEO. "Unlike other P2P services that negotiated licenses, imposed filters or otherwise chose to discontinue their legal conduct following the Supreme Court's decision in the Grokster case, LimeWire instead thumbed its nose at the law and creators. The court's decision is an important milestone in the creative community's fight to reclaim the Internet as a platform for legitimate commerce."
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